Fire Services Amendment Act 2007

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Fire Services Amendment Act 2007
FIRE SERVICES AMENDMENT ACT 2007



BERMUDA

2007 : 23

FIRE SERVICES AMENDMENT ACT 2007


Date of Assent: 2 July 2007
Operative Date: 2 July 2007



WHEREAS it is expedient to amend the Fire Services Act 1982:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title
1 This Act, which amends the Fire Services Act 1982 (the
“principal Act”), may be cited as the Fire Services Amendment Act 2007.

Amends long title
2 The long title to the principal Act is amended by deleting the
words “Fire Services” and substituting the words “Bermuda Fire and
Rescue Service”.

Amends preamble
3 The preamble to the principal Act is amended by deleting the
words “Fire Services Department” and substituting the words “Bermuda
Fire and Rescue Service”.

Amends section 1
4 Section 1 of the principal Act is amended by deleting the words
“Fire Services” and substituting the words “Bermuda Fire and Rescue
Service”.

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Amends section 2
5 Section 2 of the principal Act is amended ─

(a) by repealing and replacing the definition “Department”
with the following —

““Department” means the Bermuda Fire and Rescue
Service established and continued under section
4;”;

(b) in the definition “fire fighting purpose”, by inserting next
after the word “premises” the words “or any place”;

(c) in the definition “fire officer”, by deleting the words “or of
the fire brigade maintained by the Corporation of St.
George’s, as the case may be”; and

(d) by repealing the definition “premises”.

Repeals and replaces section 4
6 Section 4 of the principal Act and the heading before it are
repealed and replaced by the following —

“Bermuda Fire and Rescue Service
4 The Fire Services Department established under section 4,
as it read prior to its repeal and replacement by the present
section 4, is continued as a Department of Government to be
known as the “Bermuda Fire and Rescue Service" consisting of a
Chief Fire Officer, such senior fire officers and other fire officers
as may from time to time be authorized by the Governor and
such volunteer fire officers as the Minister may from time to time
authorize.”.

Amends section 5
7 Section 5 of the principal Act is amended by —

(a) deleting the words “Fire Services” in the marginal note;

(b) renumbering section 5 as subsection (1); and

(c) inserting the following as subsection (2) —

“(2) The Chief Fire Officer may delegate to any other
fire officer any of the powers, duties and functions of the
Chief Fire Officer, except the power to delegate under
this subsection and the power under section 18 to make
Bermuda Fire and Rescue Service General Orders.”.

Repeals section 8
8 Section 8 of the principal Act is repealed.

FIRE SERVICES AMENDMENT ACT 2007

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Amends section 9
9 Section 9 of the principal Act is amended by —

(a) deleting the words “Fire Services Advisory Board” and
substituting the words “Bermuda Fire and Rescue
Service Advisory Board”;

(b) deleting the word “eight” and substituting the word
“nine”; and

(c) replacing paragraphs (c) and (d) with the following—

“(c) four shall be appointed by the Minister acting in his
or her discretion;

(d) one shall be the Chief Fire Officer or his or her
representative ex officio; and

(e) one shall be the General Manager of the
Department of Airport Operations or his or her
representative ex officio.”.

Repeals section 10
10 Section 10 of the principal Act is repealed.

Amends section 17
11 Subsections 17(2) and (5) of the principal Act are repealed.

Amends section 18
12 Section 18 of the principal Act is amended by deleting the words
“Fire Services Department General Orders” in the section and in the
marginal note to the section and substituting the words “Bermuda Fire
and Rescue Service General Orders”.

Inserts section 19A
13 The following section is inserted next after section 19 of the
principal Act—

“St. George’s Corporation – transfer of property
19A As of April 1, 2007, any engine, equipment, vehicle
and other movable property and assets belonging to the
Corporation of St. George’s and used by that Corporation in
connexion with its fire services is transferred to, and vests in,
the Government.”.

CONSEQUENTIAL AMENDMENTS, REPEALS AND COMMENCEMENT

Civil Airports Act 1949
14 Section 4 of the Civil Airports Act 1949 is amended—

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(a) in subsection (4), by replacing the comma between the
words “air navigation services” and the words “airport
infrastructure services” with the word “and”, and by
deleting the words “and crash, fire and rescue services”;

(b) in subsection (9)—

(i) by deleting the long dash and the words “(a)”; by
deleting the words “crash, fire and rescue services”;
and by replacing the words “; and” with a full stop;
and

(ii) by deleting paragraph (b).

Municipalities Act 1923
15 (1) Section 23(1) of the Municipalities Act 1923 (the
“Municipalities Act”) is amended by deleting paragraph (b).

(2) Section 38 of the Municipalities Act is amended by deleting
paragraphs (d), (k) and (l).

(3) The heading before section 43 of the Municipalities Act is
amended by replacing the words “FIRE BRIGADES ETC.” with the words
“BERMUDA FIRE AND RESCUE SERVICE”.

(4) Section 43 of the Municipalities Act is amended by replacing
the words “any Fire Brigade” and “Brigade” with the words “the Bermuda
Fire and Rescue Service established under the Bermuda Fire and Rescue
Service Act 1982” and “Bermuda Fire and Rescue Service” respectively;
and, in the marginal note, by replacing the words “Fire Brigades” with
the words “Bermuda Fire and Rescue Service”.

(5) Section 44 of the Municipalities Act is amended by replacing
the words “officers and members of any Fire Brigade employed or in the
service of either Corporation under this Act” with the words “fire officer
under the Bermuda Fire and Rescue Service Act 1982”; and, in the
marginal note, by replacing the words “Fire Brigades” with the words
“Bermuda Fire and Rescue Service”.

Title of Act
16 (1) The words “Fire Services Act” are replaced by the words
“Bermuda Fire and Rescue Service Act” in the following statutory
provisions—

(a) the Schedule to the Civil Establishment Act 1998;

(b) the First Schedule to the Director of Public Prosecutions
(Consequential Amendments) Act 1999);

(c) Part B of the First Schedule to the Government
Authorities (Fees) Act 1971;

(d) article 2 of the Hamilton (Fire Prevention) Ordinance
1951;

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(e) section 1 of the Hotels (Licensing and Control) Act 1969;

(f) regulations 2(2) and 23(2) of the Public Service
Commission Regulations 2001;

(g) item 6 of the Schedule to the Public Service (Delegation
of Powers) Regulations 2001;

(h) sections 2(1) and 18(1) of the Public Service
Superannuation Act 1981;

(i) regulation 4(2)(c)(ii) of the Reserve Police (General)
Regulations 1951.

Name of Department
17 (1) The words “Fire Services Department” or “fire service
department” are replaced by the words “Bermuda Fire and Rescue
Service” in the following statutory provisions—

(a) regulation 31 of the Cable Television Service Regulations
1987;

(b) the Schedule to the Civil Establishment Act 1998;

(c) regulation 2 of the Day Care Centre Regulations 1999;

(d) regulation 2 of the Fire Services (Rates for Special
Duties) Regulations 1987;

(e) articles 2 and 3 of the Hamilton (Fire Prevention)
Ordinance 1951;

(f) regulation 8, 14 and 18 of the Hotels (Licensing and
Control) Regulations 1976;

(g) section 2 of the Public Service Superannuation Act 1981;

(h) sections 2, 17(1) and 34 of the Timesharing (Licensing
and Control) Act 1981;

(i) regulation 2(2)(c) of the Building Code Regulations 1991;

(2) The words “Fire Services Department or a member of the
fire brigade maintained by the Corporation of St. George's” are replaced
by the words “Bermuda Fire and Rescue Service” in the following
statutory provisions─

(a) regulation 10(1) of the Firearms (General) Regulations
1974;

(b) sections 13(2)(a) and 23 of the Hotels (Licensing and
Control) Act 1969.

(3) The words “Fire Services” in section 23A(3)(a) of the
Building Act 1988 are replaced by the words “Bermuda Fire and Rescue
Service”.

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(4) The words “Fire Services Department deputed for that
purpose” in article 11 of the Hamilton (Fire Prevention) Ordinance 1951
are replaced by the words “Bermuda Fire and Rescue Service”.

(5) The words “Fire Services” in section 3(2) of the Marine
Board Act 1962 are replaced by the words “Bermuda Fire and Rescue
Service”.

(6) The words “Fire Department” in paragraph 2 of Schedule 1
to the Occupational Health and Safety (Approved Code of Practice) Notice
1997, and the words “Bermuda Fire Service” in paragraph 4 of that
Schedule are replaced by the words “Bermuda Fire and Rescue Service”.

(7) The words “St. George’s Fire Brigade deputed by the
Corporation for that purpose” in article 7 of the St. George’s (Fire
Prevention) Ordinance 1966 are replaced by the words “Bermuda Fire
and Rescue Service”.

(8) The words “Fire Service” and “public Fire Service” in
regulations 9 and 15 of the Timesharing (Licensing and Control)
Regulations 1982 respectively are replaced by the words “Bermuda Fire
and Rescue Service”.

Name of Advisory Board
18 The words “Fire Services Advisory Board” in Part B of the First
Schedule to the Government Authorities (Fees) Act 1971 are replaced by
the words “Bermuda Fire and Rescue Service Advisory Board”.

Repeals
19 (1) Article 15 of the Hamilton Building Ordinance 1954 is
repealed.

(2) Article 13 of the Hamilton (Fire Prevention) Ordinance 1951
is repealed.

(3) The St. George’s Fire Brigade Ordinance 1972 and the St.
George’s Fire Brigade Amendment Ordinance 1993 are repealed.

(4) Article 9 of the St. George’s (Fire Prevention) Ordinance
1966 is repealed.